Page 198 - Magistrates Conference 2019
P. 198
An introduction, 1986
⚫ This appeal concerns the constitutionality of s. 8 of the
Narcotic Control Act, R.S.C. 1970, c N-1. the section provides,
in brief, that if the court finds the accused in possession of a
narcotic, he is presumed to be in possession for the purpose of
trafficking. Unless the accused can establish the contrary he
must be convicted of trafficking. The Ontario Court of Appeal
held that this provision constitutes a “reverse onus” clause and
is unconstitutional because it violates one of the core values of
our criminal justice system, the presumption of innocence, now
enshrined in s 11(d) of The Canadian Charter of Rights and
Freedoms. The Crown has appealed.
⚫ Comments?
